Andres Alonso, CEO of Baltimore City Schools, said the program is not flexible enough to help all the students it could.

"I think some kids only benefit from tutoring. Not every kid does. What I have a problem with is the idea that somehow 20 percent has to be set aside, because we don't even spend that money every year. We have to give it back to the state," Alonso said.

The Title I SES program had a $12 million budget but only served about 5,700 students in 41 schools in 2010. Money left over had to be returned.

"I think there are a lot parents who use these services not only for the benefit of extra tutoring for children who may be suffering in different areas, but also as a means to have productive activities for the students after school," said Lakeia Newkirk, a Baltimore City parent.

"I am not that familiar with it, but what I do know of it, I feel as though it's productive for the parents and the students," said Niguel Barclay, a Baltimore City parent.

This year, the city's Title I budget is being cut by $7 million. School officials said that's all the more reason to take a second look at the SES program.

"If a school wants to work with an SES provider, that's great. The problem I have is this idea that I should be setting aside money that we never get to spend and have no control of it, and meanwhile, a school may be losing an after-school program or a teacher," Alonso said.

The Maryland State Board of Education has gone to bat for the city by applying for a federal waiver, which, if approved, would give city school officials more flexibility.

Last fall, President Barack Obama gave states the go-ahead, under the No Child Left Behind law, to apply for waivers.

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